Texas-Book-Gun Law Armed And Educated - Flipbook - Page 392
1. Who is eligible for executive clemency in Texas?
Under Texas Administrative Code, a full pardon can be granted to
any person who has been convicted of a felony or misdemeanor,
or any person who has successfully completed a term of deferred
adjudication community supervision for a criminal offense. In
addition, a full pardon may be granted to a person based on
“innocence.” A pardon for innocence requires: “1) a written
recommendation of at least two of the current trial officials of the
sentencing court, with one trial official submitting documentary
evidence of actual innocence; or 2) a certified order or judgment of
a court having jurisdiction accompanied by a certified copy of the
findings of fact and conclusions of law where the court recommends
that the Court of Criminal Appeals grant state habeas relief on the
grounds of actual innocence.” See 37 Tex. Admin. Code §§ 143.1
and 143.2(a).
2. How does a person seek executive clemency in Texas?
A person seeking executive clemency in Texas is required to
complete an application which is available from the Texas
Board of Pardons and Paroles. www.tdcj.texas.gov/bpp/forms/
forms.html. Once properly submitted, the file of any applicant
eligible for clemency will be reviewed by the Board of Pardons
and Paroles (“Board”).
The Board will review the application in a public hearing; however,
the hearing is actually a review of the applicant’s file rather than a
formal hearing. The Board members vote on case files individually,
and an applicant must obtain a majority number of votes of the
Board before the application will be sent to the Governor for a
final determination. Applicants are not able to appeal the decision
of the Board, if denied, but applicants may re-apply for clemency
Restoration Of Firearms Rights: The Law Of Pardons And Expunctions | 381
